Invited to disciplinary/fact finding meeting whilst on holiday

[RonaldMcDonald]

I worked for a small care business on a fixed term contract - less that one year service.
The contract has been completed, all items returned and have thankfully finished my last day in the office but with accrued remaining holiday as agreed to be taken officially my last day is end of next week. I have been paid in full and have received my P45 etc.

Two days ago my ex boss decided she would summarily cancel my agreed annual leave but I highlighted that this was against the working time directive. I was getting on a Train at the time but was aware of the law in this area.
Instead she has now invited me to what looks to be a disciplinary meeting but she has skipped the investigation stage. The meeting does not regard fraud, bullying, dangerous actions etc etc.

The meeting I have been invited to will take place during my agreed week off work. I am on holiday in the Lake District right now and would be then.
I believe the disciplinary to be malicious and used with the intent to silence me from whistleblowing to the Press/regulators regarding widespread fraud and mismanagement in the company. This fraud is not supposed but backed by widespread evidence. There is sadly evidence of a long history of this person bullying employees and then calling them disgruntled to silence or rubbish and damage their careers.

Should I return from my holiday to attend? I was only informed today for a meeting early next week.
Any help accepted with thanks.

Hello! Sounds very strange, firstly with the holiday, if they cancel it it would need to be for a reason (e.g. you need to work) but then you'd need paying for any accrued but untaken holiday so they'd have to reinstate you on payroll etc. Otherwise yes, they're breaching contract.

You say it looks like you've been invited to a disciplinary. The invites are very clear and shouldn't be ambiguous, what exactly has been communicated to you about this meeting? If evidence is over whelming you don't always need an investigation meeting with the person themselves if it's not required, however it's riskier and any disciplinary invite has to include allegations and supporting evidence for you to consider along with the right to be accompanied. If you don't have this then it can't be a legitimate disciplinary invite. Could this be the investigation you're being invited to?

Whistleblowing is protected by law so if they are trying to stop you they aren't doing themselves any favours.

They are calling it a disciplinary.
Have told me I have the right to bring someone. Enclosed a wildly out of date handbook referring to a different role type.
They Have not shown me the investigatory points they wish to rely upon or sent a standard pack to allow me to respond, bring witnesses etc. if so needed.

Ultimately I am on approved annual leave and have complete my last day in that work place. Under the WT directive they cannot cancel my leave without adequate notice which they do not have.
Now instead I am invited to this disciplinary. Must I return from my holiday to attend?
Or state I can respond to any points by email?

I would not return for that. However, I hope you have a union rep or legal representative.
Just message them their procedures and say it isn’t convenient and you’re on holiday. They’re using bully tactics and clearly have zero clue in what they are doing.

I do but she’s seemingly clueless

Says in her opinion I’ve left. She has seen contract (eye roll) which states end of the mth.
She asks what could they hope to achieve and to ignore entirely

You know a kind of - all contact had ceased as contract completed and went on holiday approach
Ignore her.

It isn’t patient care, or any gross misconduct area. However this person has a long strewn list of bodies of employees and this is her standard practice from what I am to understand
I would be happy enough to see her if she didn’t have such a poor reputation - there wasn’t so much internal misconduct and if I trusted her motives at all

Although I don’t think you technically have to attend, I’d be tempted to say you’ll phone in to the meeting as a gesture of goodwill. But insist in advance on having in writing exactly what you’re accused of.

You have left though?

So won't be attending any meetings at all.

What's the worst that could happen if you ignore her and the meeting?
You have left and been fully paid.

OP, have you made a protected disclosure? (Have you formally raised your concerns with management?) If so you have some legal protection here- there's no qualifying period for ET claims that rely on discrimination or victimisation following a protected disclosure so doesn't matter if you've not worked there 2 years.

What are the consequences for you of not attending this meeting? Is there a register for your profession for example?

I assume you aren't hoping for a reference.

Assuming there is no consequence I also would not attend. I would write to them a day or two before the meeting (ie string it out a bit) and ask about the processes and note that it is unreasonable to hold the meeting while you are on annual leave.

I would not offer an alternative time. I would then let your employment contract lapse without being available for another meeting.

What could be the negative outcomes for you from this? If you’ve been paid, and your contract ends next week, I can’t see what she can do, whether you attend or not?? I’d personally respond, including others on it, and say

Dear x,
Regarding your meeting invitation, I’m on prebooked and notified holiday as you know, and i see you’ve called it a disciplinary meeting. I can’t in any case attend a disciplinary meeting without being provided with evidence of the concerns you have. More precisely, you may not schedule a disciplinary without having provided me with this, so at this point there is no disciplinary meeting scheduled. Please let me know if you plan to hold one and suitably inform me. If I am on my holiday I will be unable to attend, and I will have to seek legal guidance as to whether I should attend once my contract is ended- I struggle to see any benefits to either of us from such a process post my contract and to be honest, but am happy to be corrected. I will check my email again on my return from holiday.
It’s lovely up here in the lakes! Kind regards,
Ronald.

(I’d be tempted to put warm regards myself )

*end not and

Who is her manager? Does the company have its own HR? Email them and include her. Explain that in line with the work directive, notice of the meeting has been too short for you to change your arrangements. Explain you’ll also need details of what the disciplinary is about.

Once not employed by them, do you really have to attend or respond at all?

This would give me the push to formally whistle blow however.

Reply with facts, WT directive etc and make sure you copy as many people in as possible including your union rep.

I don't understand what they can do if they've given you your p45 but I would seek advice from an employment lawyer.

Speak to acas.

Given that you have already left, have been paid in full and received your P45, the worst they could do is give you a poor reference. If they were stupid enough to do that, you would be able to take legal action against them.

They cannot require you to attend a meeting, disciplinary or otherwise, while you are on holiday. In theory they could cancel one day of your holiday and make you attend the meeting, but they would need to give formal notice of that cancellation at least two days before the meeting to do so. They would, of course, have to pay you for the day of holiday entitlement that you hadn't taken if they did go down this route.

I think in the UK they're not allowed to give bad references are they? So they'd just confirm that you worked there between x and x dates.

@PollyPutTheKettleOnKettleOn

I think in the UK they're not allowed to give bad references are they? So they'd just confirm that you worked there between x and x dates.

Yes they are - they can give any reference they want.

The issue is, if it is incorrect and the person can get a copy and prove it, they can take action but by then it is often too late.

However in this case, she has already left and the contract was completed in its entirety and that would be the evidence.

However, she has left. She is taking, as agreed, her leave as her last 2 weeks and they have paid her and given her the P45. So as far as she is concerned she no longer works there.

@PollyPutTheKettleOnKettleOn

I think in the UK they're not allowed to give bad references are they? So they'd just confirm that you worked there between x and x dates.

That is a myth. There is no law against giving a bad reference.

You’ve all been brilliant

@Zonder

Reply with facts, WT directive etc and make sure you copy as many people in as possible including your union rep.

I'm a union rep - this is good advice ^^

I wouldn't be attending. How are they going to discipline you if you no longer work there?! Very bizarre. Plus as far as I'm aware official disciplinary meetings require an invitation in writing with usually a minimum of 5 working days notice.

2 days ago was Wednesday? Has she cancelled your leave for today I.e. 2 days later and is now aiming to discipline you for not turning in this morning?

I'm assuming form what you are saying she's aiming for to discredit you as a disgruntled employee under disciplinary when the left looking for revenge so that the regulators cannot investigate?

I would go with the wording above which suggests that she hasn't followed procedures so therefore you do not consider yourself under disciplinary, and then in the next breath shop her to the regulator if you intend to.

BTW if you are not getting what you need from the union rep explain that she is attempting to prevent you whistle blowing and ask to be referred up the branch office for support.

How have the managed to process your p45 if you haven’t left yet?? Even if you are on annual leave from a payroll perspective you are still employed so it can’t be issued. It all sounds very dodgy.